UDC: 343.985:621.

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Professional paper

THE POLYGRAPH AS AN INVESTIGATIVE TOOL IN CRIMINAL

INVESTIGATIONS

Naser ETEMI 1, Muazam HALILI 2

1*
Department of Faculty for Detectives and Security, FON University Skopje
2
Ministry of Interior, Sector for Interior Affairs, Tetovo
*
Corresponding author e-mail: naseretemi@yahoo.com

Abstract

The development of technology in the modern era has helped the criminalists practice to have new tools in the fight
against crime and criminals. One of the modern forensic tools is polygraph, otherwise known as a lie detector. The
polygraph is presented as an auxiliary tool in case investigation, especially in the operative phase enabling the
collection of indications. A polygraph test can be a great way to evaluate the truthfulness of a person's statement about
relevant information. The use of polygraphs, despite the fact that, due to the lack of legal regulations, it is not intended
as evidence in investigative and criminal proceedings, has found a significant place in detecting and clarifying crimes,
directing investigations, selecting suspects and discovering new evidence. Polygraph it is a tactical-criminalistics tool
used in pre-trial proceedings as a means of elimination or as a guideline for the discovery and gathering of other
evidence that may serve as a basis for a court decision. The current code does not mention polygraph testing. It is
neither permitted nor prohibited for its use in criminal proceedings. In the Republic of North Macedonia, polygraph
is significantly neglected, numbers of examinations are symbolic.

Keywords: polygraph, crime, evidence, police, investigation

1. Introduction

Humanity in its development in all its stages has tried to find ways to discover the truth, that
is, to discover the lie. Polygraph can provide a valuable opportunity to trace a person's past
where a conventional interrogation action may not be as effective. Polygraphists believe that
when people are asked questions that they answer by lying, there will be physiological reaction
that will appear in the polygraph. This makes polygraph a potentially valuable forensic tool.
This instrument is known as a "lie detector" but this notion does not directly correspond to the
function of this instrument as it does not tell the lie but the physiological response at the time
the question is asked. Therefore, this notion is not a scientific notion but a notion that conveys
the purpose of polygraph testing in a concise way that is easily understood by people and
unprofessional.
The purpose of polygraph is not simply to detect deception, but also to reveal the truth about a
specific issue. Detecting deception is only part of the procedure. Tests are considered
completely successful when the end result is the full disclosure of the truth. In short, polygraph
tests record a number of different bodily reactions which are then used to determine whether
one is telling the truth or not. Usually is measured blood pressure, changes in breathing and
sweating of the skin. Polygraph, like any other lie detection technique, measures an indirect
effect of lying. Lying can increase stress and lying detection techniques can measure the
behavioral and physiological changes that occur when you feel stressed. So the polygraph does
not tell the lie directly, but shows signs of deception.
Since the existence of the human being there have been lies, so since the beginning of
civilization, humanity has been looking for ways to distinguish truth from deception. Over the
centuries various techniques have been devised for verifying the truth and detecting deception,
many of which are ridiculous and barbaric. Despite their primitiveness, each technique was
based on the assumption of some form of physiological reaction that occurs within a person
when faced with giving certain responses to an event under investigation, and that this
physiological reaction would manifest itself in some external known symptoms that are
indications of honesty or deceit.
Polygraph - the science of verifying the truth based on the psycho physiological aspect is
approximately 100 years old. The word polygraph is derived from the Greek word "poly" -
"many", and "graph" - "to write" and means "multiple writer" who can record several
physiological reactions simultaneously and record these reactions in a smoked paper who then
have been used for analysis and evaluation. It was the first instrument to record three bodily
reactions pulse, blood pressure and breathing simultaneously during interrogation.

2. Legal and ethical aspects of polygraph use

Polygraph is a very important tool in the investigation of criminal offenses and is used if other
forensic investigative techniques have not clarified the criminal case. Polygraph tests results
are generally used to assist in the investigation of known crimes or suspected crimes. The legal
basis derives from the Law on Criminal Procedure and other Acts (Law on Police, Regulation
on the Manner of Performing Police Duties and Instruction on Conducting Polygraph Testing
and Content of Written Consent to Apply Polygraph Technique).
In case we have a reasonable suspicion that a criminal offense has done, the police authorities
are obliged to take all measures to find the perpetrator to not hide or flee, to be discovered and
secure traces and items of the criminal offense that can be used to find the truth as well as all
data that may be in the interest of criminal proceedings (Article 276 of the LCP). The Law of
criminal procedure does not contain provisions that regulate the legal issue of polygraph, but
at the same time we cannot conclude from the law whether or not the use of this instrument is
permissible. The use of polygraph is foreseen by the Law on Police at in the foreseen police
authorizations. Polygraph testing foresees as a means of detecting the perpetrator of criminal
act. It stipulates an obligation for the polygraphist to inform the citizen about the function of
the polygraph and to obtain written consent to perform the testing. It also stipulates the right of
person to terminate the test at any time. But this law does not further regulate the work of
polygraph testing except for the categories of people who cannot undergo polygraph testing.
Further on, polygraph testing is regulated by the Instruction on Conducting Polygraph Testing
and Content of Written Consent for the Examination of the Polygraph Technique. This
instruction regulates the way how polygraph testing should be performed, and represents a step
forward in regulating polygraph usage. According to this instruction the testing is carried out
upon the request of the organizational unit of the Ministry of Interior to the Organizational unit
for forensic-technical research in the same Ministry. Testing can also be done by order of Public
Prosecution and Courts of RNM. The request and the order for testing shall be accompanied
by all official material concerning the offense committed.1 According to this Instruction, testing
is performed only for a specific criminal offense, and not for many criminal offenses. If there
is a need for testing a person for more criminal offenses then the testing will be performing for
the criminal offense that is provided more punishment by Criminal Code. The Instruction

1
The materials attached to the request or order are: criminal record minutes, criminal report reports, criminal
report filed against unknown perpetrator, record of traces and items found, photo albums, sketches, video
recordings and other official related materials with the offense.

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prescribes that it should be carried out in isolated spaces, and that only the polygraphist and
the person conducting the testing can be present during the testing. If the person does not
understand the language of the tests prepared then the interpreter may also be present.
In some states the test may be used in court, but the results are not intended for this purpose.2
Polygraph results have been successfully challenged in many different situations because of
their scientific uncertainty. The results of a polygraph test can mean many things but are
uncertain about lying, they do not go to the level of credibility required as scientific evidence
in court proceedings and the results of the polygraph test are usually inadmissible as evidence.3
According to Instruction the test Report performed by the polygraphist cannot be used as
evidence in court proceedings. This report can only be used as a guiding-eliminating tool for
finding evidence and the perpetrator.

3. Elements of the polygraph

Polygraph is a scientific diagnostic instrument that graphically records physiological changes,

which can occur in a person at a given time. Polygraph consists of three main parts: Blood
Pressure Cuff, Galvan graph and pneumograph. Blood Pressure Cuff as a basic element of
every polygraph records increase and decrease in blood pressure, heart rate. Galvanometer
records changes in the galvanic-reflex activity of human skin (skin conductance).
Pneumograph records changes in respiratory volume and frequency of human respiration.

4. Who can be tested?

The test may only be performed on persons who are in good health and mental health. Age is
not limited about children or older people; it is sufficient for the person making the test to be
psychophysically healthy and not to be influenced by external factors. Testing is not for people
who are psychophysically unwell, people who are under the influence of alcohol, various drugs,
those who are in a serious emotional condition. Persons who use medications according to
studies have shown that they have an impact on test results. During the first contact phase it is
advisable to ask the person if he or she needed to go to a psychologist, when was the last time
visited to the doctor, did the doctor give him or what medication and how he or she used them,
etc.

The Law on Police (Article 65-v) also sets out the categories of people who cannot be tested:
persons who are under the influence of alcohol, narcotics or psychotropic substances, a person
who has serious heart disease, people in stress, a person who uses sedation medications, a
person who manifests clear signs of spiritual illness, impaired development or severe spiritual
disabilities, and a woman who is pregnant and immediately after pregnancy.

5. Tests used during polygraph examinations

One of the important aspects of polygraph is the formulation of test questions. In polygraph
testing, there are basically four types of questions that are used. Only one or two question types
are used in a test, depending on the type of question technique. The different types of questions
used in polygraph testing are:

2
In O. J. Simpson's civil judgment, the results of the polygraph have been accepted as the evidence. This set a
statewide precedent allowing polygraph testing in civil trials such as divorce cases.
3
The results of polygraph tests are acceptable as evidence in some US States and Japan. In Europe, India, Israel,
Canada Australia test results are not accepted as evidence in criminal proceedings.

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 1. Relevant questions - pertaining to the purpose under investigation,
2. Control questions - are the opposite of relevant questions and are asked for the purpose
of making comparisons.
3. Irrelevant questions are questions that create no impact and no relevance to the case being
investigated.
4. Questions for reveal secret information are - aiming to extract information and details
about a crime that would only be known by a guilty person.

The questions asked in the test must be adapted to a complicated polygraph test: the relevant
question must be relevant, it must be formulated so that both for the polygraphist and the
suspect are understood, the questions must not contain obscene, racial, derogatory, degrading
or offensive words, no more facts than necessary in the questioning, the facts in question should
be understood as correct by the respondent as well, the question should not ask for opinion,
emotional questions should be ignored and, irrelevant questions must be formulated so that we
usually get the answer "yes" etc.(Ansley, 2009, pg. 50).
Two basic methods are used: the direct method or the method of control questions (CQT-
control question test) and the indirect method (POT - peak of tension test). The first of these
methods is used when the facts that are the subject of the test are known to a larger number of
people, and the second when the facts are known only to the perpetrator. Each test no matter
which method is used contains 8 to 10 questions (Aleksič and Milovanovič, 1991).
1. Direct method or method of control questions is one of the most used methods in
polygraph testing. In this test two types of questions are predicted. The polygraphist will ask
relevant questions, and instead of asking irrelevant questions - he will ask controlling questions
that will be indirectly related to the offense or crime.
2. The indirect method (POT) according to some polygraphists gives the highest results and
is applied in two basic forms: according to the circumstances of the criminal case and according
to the versions of the facts and circumstances of the criminal case that are not known to all of
actors. The characteristic of this method is that it gives the answers to the nine golden
Criminality’s questions. These tests are used when the suspect states that no details of the
criminal case are known to him (Krstič, 1989).

According to the Instruction on how to perform polygraph testing besides the above-mentioned
tests, can be used also visual, associative, cognitive, test of reliability and assumptions tests.
Test questions under this Instruction should be brief, clear, and understandable to the person
conducting the test. The polygraphist decides on the number and content of the questions on
the test, where appropriate he may consult with the person who asked or ordered the test
(Instruction, 2019, article 10).
According to the analysis of the submitted material the polygraphist prepares the tests for
testing. If needed the polygraphist can consult with the requester (police organizational unit)
or the institution that ordered (prosecutor or judge), and he may also go to the crime scene. The
Instruction stipulates that a conversation should be conducted before testing begins to see if the
person has knowledge of the criminal offense that will be tested, what knowledge he or she is
familiar with, and verification the alibi (Instruction, Art. 9 and 10). According to this
instruction, the questions are read before the test begins in order to see if they understand the
questions. Because of the greater objectivity, each test is repeated twice, and after each test a
short pause is made. The duration of testing is not limited and depends on the tests to be carried
out as well as the behavior of the person being tested (Article 13).

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 6. The polygraph examination

Polygraph testing is a method that takes a very long time and goes through several phases:
preparing phase, contact interviews, in-test phase and post-test phase.
Preparing for testing. For polygraph testing to be successful, a large number of conditions
must be met because it is a very delicate type of testing. Therefore, all actions taken should be
well prepared and implemented according to the rules provided. Before starting the test we
should have as much information as possible about the offense and its perpetrator. This will
enable the polygraphist to develop a plan according to which he will act. Very important is
obtaining information for everything that has happened, seen at the time of arrest, about the
scene (minutes), gathering information about the person being tested (suspect), living
environment, alibi, house search and other places (place of work), the means used to commit
the crime, the manner of commit the crime, the time when the crime is done and other
characteristics of the offense.
Contact interview phase. The polygraph test begins with the first contact between the
polygraphist and the person performing the test. After a proper presentation the polygraphist
will discuss the purpose of the test. Before testing begins, must be signed consent for the test.
The polygraphist will explain the course of the procedure. It is explained that testing poses no
danger to the human body and health. It should explain the function of each part of the
polygraph. To advise that after testing begins that he should not move. To be honest, to tell the
truth about the questions the polygraphist will ask. He should be advised that if there is any
question that does not understand, he can ask the polygraphist to clarify the question.
Persons who do not sign the consent cannot be tested, and the person may terminate the test
whenever he or she wishes, at all stages of testing. In most cases, persons who did not make
polygraph examination after some time were found guilty. One of the reasons why people
refuse to do testing (especially females) is the grief that they do not trust their say. Other reasons
include fear of bodily and spiritual consequences, doubts about the accuracy of the polygraph,
and fear of interpreting test results. Before commencing testing, the person is required to plead
guilty if he or she has committed the crime. If the person admits to have committed the crime,
the statement is taken and then no testing is carried out.
Phase of testing. It starts with asking questions. The questions asked should be clear and
precise, always only one question should be asked, questions should be clear to the polygraphist
himself, no alternative questions should be asked, no more than one question should be asked,
the questions should be conform language rules, questions should not be long and vague, in the
questions should be used words that the suspect uses in daily life, to be appropriate to the
educational and intellectual level of the person being tested, questions must be formulated in
that way to answer yes or no, etc. The time interval from one question to the next one is 10 to
20-25 seconds. When asking questions, they should be asked in the same tone, and should not
place particular emphasis on any question that the person does not understand which question
is key. During the test all body movements are recorded: hands, feet, coughs, etc.
According to the Instructions if a person during the test shows reaction to a question, the
polygraphist may after the test have a conversation about those questions. This conversation is
conducted with the aim of clarifying the reactions expressed in relation to the questions asked,
respectively to obtain information on the criminal offense which is the subject of criminal
processing (Article 17).
Final testing phase. If the diagrams in Polygram do not show on the real suspect then a brief
interview is held to prove his innocence. Talking to the suspect after testing often reveals new
details that were not known before testing. The final interview is intended to ultimately
validate, balance, and evaluate the conclusions drawn. It is a mistake to think that testing ends
with gaining a Polygram and analyzing it. In the final stage the polygraphist makes the final

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"judgment" based on the impressions of all stages of testing. The outcome of the final interview
depends largely on the preliminary stages of testing.
Multiple results indicate that approximately 75% of accuracy is based on objective analysis
while 25% is based on subjective analysis. The degree of accuracy in interpreting test results
largely depends on the experience of the polygraphist, his ability, as well as the emotional,
mental and physical abilities of the person being tested (Krstič, 1989).
The opinion of the polygraphist can be positive and negative. The positive opinion indicates
the direct and indirect connection with the criminal offense for which the test was conducted.
In the negative opinion eliminates any possibility of the person being linked to the criminal
offense for which he or she has performed the test. On the basis of this opinion, the polygraphist
compiles a Report on the test performed. The report contains the data about the authority that
requested or the ordered of the test, the place and time of the test, the data on the person being
tested, a brief description of the offense committed, the method of compiling the test and the
instrumental technique that is used and findings and thinking about the relevance of the person
being tested (Instruction). This report shall be sent to the authority that requested or the ordered
of the test.

7. Accuracy of polygraph

The accuracy of the test results is a topic of discussion among scientists since the discovery of
this instrument. Such questions still remain unclear; we still have no scientific confirmation of
its accuracy. One of the reasons is that the polygraphist gives his findings not only on the basis
of the test results but also on the basis of all other factors that appear before, during and after
the test. On the basis of both experimental and practical case studies, a large number of authors
undoubtedly presents the thesis that polygraph must find its place in the context of revealing
criminal offenses. Various studies have concluded that the accuracy of polygraph varies
between 70% and 98%. From this data we can conclude that polygraph is not 100 %accurate
and therefore its value is not accepted as evidence. To be acceptable it must be 100% accurate.
The rejection of the polygraph result is due to the interpretation of the test results. It is not in
vain to say that the tool is as safe as the master can use it (Aleksič, 1991).

8. Where polygraph is used

Polygraph has had different purposes since its use. In the early stages of polygraph
development its parts were for medicinal purposes. Today polygraph, in addition to revealing
offenses,4 is also used to prove the credibility of people in security institutions, in the private
sector (for employment, to prove whether they use drugs, theft in the workplace, criminal
activities, physical force and activities) and in other situations.
The use of polygraph has proved successful in eliminating suspects, detecting new complaints,
testing informants to determine the authenticity of the information provided, providing a new
"key" to an investigation when all other investigative techniques standards have not given
results, gathering additional information and evidence, helping to focus the investigation on
specific suspects. (Aperen, 2015). Most agencies believe that the polygraph can reveal certain

4
In the Republic of North Macedonia in 2018, polygraph was used to detect 31 offenses by performing 61
polygraph tests. While in 2017 the polygraph was used for revealing of 49 criminal offenses, while 92 polygraph
tests were conducted, 18 for criminal offenses of murder, 15 for robbery and 40 criminal offenses. Annual Report
for 2017, 2018, MOI, Department of Criminal Intelligence and Analysis.

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information that cannot be obtained in any other way during the selection process. In addition,
it is also one of the fastest processes to determine if the information provided is actually true.

9. The criminalities and ethical value of using polygraph

Opponents of polygraph believe that polygraph is a modern inquisitive tool that puts pressure
on the suspect to plead guilty and enables it to be incorporated into psychology where other
data are discovered that the person does not want to give or represent. Also, with this test we
gain something which is privacy that violates constitutionally guaranteed rights, the ethical
concept of human rights and freedoms, especially those relating to the position of the suspect
and the accused respectively.
One of the main conditions for conducting testing is voluntary testing. He gives his consent
after being well acquainted with the polygraph; he does not hide anything, and has the right to
ask questions about testing. It cannot be said that he agrees to conduct the testing as he wishes
to dispel the suspicion that he is the perpetrator. Acceptance of the test is given for two possible
reasons: the innocent suspect wants to prove his innocence as soon as possible and be released
from such a situation as soon as possible. The perpetrator wants his behavior to convince the
investigators that he is not the perpetrator and just as the suspect accepts the test. It should be
noted that the person has the right at any time to terminate the test and withdraw the test
consent.
It is alleged that testing limits the right to professional assistance by the defense counsel. The
argument that testing leads to injury to human dignity does not hold. In testing there is nothing
derogatory about it, there is no danger to life or any bad physical feeling. According to these
characteristics polygraph is not contrary to the legal and ethical aspect of the guilty plea. It
does not threaten the suspect's right. The results of the polygraph should be taken as a diagnosis
of responsibility, respectively indicative orientation that guides us to other evidence and should
not be taken as a substitute for classical testimony. Due to the complete inaccuracy of the
polygraph, no judgment will be based on polygraph testing.

Of particular importance is the question of the legitimacy and legality of polygraph testing in
terms of legal regulation, in particular the ethics of criminal law and criminal procedural law?
Law enforcement agencies and intelligence agencies in the United States are the largest users
of polygraph technology. In 1978, Richard Helms, the eighth director of Central Intelligence,
stated: "We found that some Eastern Europeans can beat polygraph at any time. Americans are
not very good at it because we are grown to tell the truth and when we lie, it's easy to realize
we're lying in. But we have a lot of Europeans and Asians who can pass polygraph without a
problem, and you know they've lied because you have proof that they're lying”.
In 2018, Wired magazine reported that about 2.5 million polygraph tests are performed each
year in the United States. The average cost to perform the test is more than $ 700 and is part of
a $ 2 billion industry.

10. Can we beat the lie detector?

There is a consensus among scientists that polygraph testing has no scientific basis because it
is not 100% safe. Spies Ignatz Theodor Griebl, Karel Frantisek Koecher, Jiri Pasovsky, Larry
Wu-tai Chin, Aldrich Hazen Ames, Nicholas Sirgado, Ana Belen Montes and Leandro
Aragoncillo have successfully passed polygraph testing. One of the most famous serial killers
in US history has passed the polygraph and killed again. All of these cases show that we can
cheat the polygraph, in fact it is, but the question is how much it can be beaten and by whom.
Cases of deceive are very rare. Most polygraphists are of the opinion that polygraph can be

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deceived but this is almost impossible. According to polygraphists, to deceive the test you must
either fail the test or tell the truth, and that there is no third option.

11. Conclusion

Polygraph testing is just a ring of information gathering for the criminal offense and the
perpetrator, which can reinforce link and aggregate evidence according to the indication
method of gathering evidence at both the pre criminal and criminal stages.
Polygraph tests or psycho physiological reliability assessments are used in more than 50
countries around the world by government institutions, law enforcement agencies, the legal
community, the corporate sector, and citizens. For more than a century its extensive research,
research, development and use remains the most effective means of verifying the truth and
detecting fraud.
The results of the polygraph test are not foolproof, but they are far more reliable than our
subjective intuition. Because of the polygraph, we can better investigate the criminal acts.
Polygraph will continue to greatly advance the investigation process as another weapon in the
arsenal of investigative and scientific tools available to investigators.
The use of polygraph in the criminal practice of the RNM can be broadly said that is too early,
very little is used; freely we can say it is symbolic. It is also necessary for the legislation to
regulate the use of this tool to be more explicit, regulating in detail many issues such as: the
right of the presence of the defender during testing, duration of test, testing minors, etc.
Ministry of Interior should take actions that will lead to greater use of this tool to enable if not
revealing criminal act, at least to have indications that will enable easier revealing criminal acts
or perpetrators.

References

[1]. Ansley N., Question Formulation, Polygraph, 2009, https://www.polygraph.org/assets/docs/APA-

Journal.Articles/2009/question_formulation.pdf
[2]. Aleksič ž., Milovanović Z., Kriminalistika, Pravni fakultet, Beograd, 1991.
[3]. Aperen S. V., The polygraph as an investigative tool in criminal and private investigations, Australian
Polygraph Services International, http://www.diogenesllc.com/polyastool.html
[4]. Krstiç O., Zablude i istina o detektoru laži, Naučna Knjiga Beograd, 1989.
[5]. Annual report for 2018, Ministry of Interior
https://mvr.gov.mk/Upload/Editor_Upload//Godisen%20izvestaj%202018.pdf
[6]. Instruction on Conducting Polygraph Testing and Content of Written Consent for the Application of the
Polygraph Technique. Official Gazette nr. 126/2019.

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